STATUTES

ihma interantional human medical aid austria internationale humanitäre und medizinische hilfe

statutes12 of IHMA

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§ 1: Name, domicile and area of activity

  1. The association carries the name

INTERNATIONAL HUMAN and MEDICAL AID

international human and medical aid

  1. 2. It is located at A-5020 Salzburg, Borromäumstr. 26/7 and extends its activity3

Main purpose of the association is to the assistance of persons in need

in the context of the Code of Conduct (International Federation of Red Cross and Red Crescent Societies)

  1. 4.The establishment of branch associations is intended.

§ 2: Purpose

The association, whose activity is not aimed at profit, aims for4 ..

  • Promotion of medical assistance and its infrastructure

  • Promotion of medical education, including first aid and pre-clinical emergency medicine

  • Promotion of development aid, development and assistance with projects in the form of cooperation, organization and training, WASH projects, school projects

  • Promoting rescue from mortal danger and / or humanitarian measures / disaster relief with the appropriate tools and vehicles and / or aircraft such as airplanes or helicopters

  • Promotion of disaster and civil protection also in the form of training

  • Support for other associations and organizations that follow the same purpose

  • Promoting neutrality in terms of ethnic origin, skin color, religion or political sentiment.

  • Youth "Help for children in need" at home and abroad

  • Humanitarian aid at home and abroad

  • Support for families in need at home and abroad

  • Aid transports

  • Social services at home and abroad

Social services at home and abroad.

§ 3: Means to achieve the purpose of the association

  1. 1. The purpose of the association is to be achieved through the ideal and material means listed in paragraph 2 and 3.

  1. 2. As ideal means serve:56

  1. publishing and sending of information documents and communications

  2. Regular contact between the members

  3. Meetings, conferences, lectures, training courses, meetings and other events

  4. Website or other electronic media

  1. 3. The necessary material resources should be raised by78

  1. Admission fees and membership fees

  2. Sponsorship by companies, institutions or private persons

  3. Subsidies and promotion

  4. Donations, collections, bequests and other benefits

  5. Asset management (e.g., interest, other capital income, revenue

  6. from leasing and letting etc.)

  7. Income from association events

§ 4: Types of membership

  1. The members of the association are divided into ordinary, extraordinary and honorary members.

  1. Ordinary members are those who fully participate in the association's work. Extraordinary members are those who promote the activity of the association primarily by paying an increased membership fee. Honorary members are persons who are appointed for special services to the association.

§ 5: Acquisition of membership

  1. 1. Members of the association can be all physical persons, as well as legal persons and legal partnerships9 , which are appointed on suggestion of the executive committee, committing themselves to the acknowledgment of the statute and actively work for the realization of the association goals.

  1. The board decides on the admission of ordinary and extraordinary members. The admission can be refused without giving reasons.

  2. Until the formation of the association, the provisional admission of ordinary and extraordinary members by the club founders takes place, in the case of an already appointed board through this.

  1. 4. This membership becomes effective only with the formation of the association. If a board is only appointed after the formation of the association, the (definitive) admission of ordinary and extraordinary members will take place until then by the founders of the association. The appointment as an honorary member is made at the request of the Executive Board by the General Assembly.

§ 6: Termination of membership

  1. 1. The membership expires by death, with legal entities and legal partnerships by loss of the legal personality, by voluntary resignation and by exclusion.

  1. The resignation can only be made on 31st of December of each year. The board must be notified in writing at least three months in advance. If the announcement is delayed, it is only effective on the next withdrawal date. For the timeliness the date of the posting is decisive.10 .

  1. The executive committee can exclude a member, if he despite a two-time written reminder by setting a reasonable period of grace for more than six months is in arrears with the payment of membership fees. The obligation to pay the due membership fees remains unaffected.

  1. The exclusion of a member from the association can also be ordered by the executive committee for gross violation of other member obligations and dishonorable behavior.

  1. Withdrawal of honorary membership may be decided by the General Assembly on application of the Executive Board for the reasons stated in para.

§ 7: Rights and obligations of the members

  1. The members are entitled to participate in all events of the association and to use the facilities of the association. The right to vote in the General Assembly as well as the right to vote and stand for election is reserved for ordinary and honorary members only.

  1. Each member is entitled to demand from the executive committee the delivery of the statutes.

  1. At least one tenth of the members may request the convening of a general assembly by the board.

  1. In each general meeting, the members are to be informed by the board about the activity and financial management of the association. If at least one tenth of the members request this, stating the reasons, the board has to give the members concerned such information within four weeks.

  1. The members are to be informed by the Management Board about the audited financial statements (accounting). If this happens in the General Assembly, the auditors are to be involved.

  1. The members are obliged to promote the interests of the association to the best of its ability and to refrain from anything that could damage the reputation and purpose of the association. They have to observe the statutes of the association and the decisions of the association organs. Ordinary and Extraordinary Members are obliged to pay in due time the membership fee and fees in the amount decided by the General Assembly.

§ 8: Association bodies

Bodies of the association are the general assembly (§§ 9 and 10), the executive committee (§§ 11 to 13), the auditors (§ 14) and the arbitrary tribunal (§ 15).

§ 9: General Assembly

  1. The General Assembly is the "Member Assembly" in the sense of the Association Act 2002 (Vereinsgesetzt 2002) . An ordinary General Assembly takes place annually.11 .

  1. An extraordinary general meeting will take place by

  1. Resolution of the Executive Board or the Ordinary General Meeting,

  2. Written request of at least one tenth of the members,

  3. Request of the auditors (§ 21 Abs. 5 first sentence VereinsG),

  4. Resolution of the auditor (§ 21 (5) second sentence of the VereinsG, § 11 (2) third sentence of these Articles of Association),

  5. Decision of a court-appointed curator (§ 11 (2) last sentence of these statutes)

within four weeks.

  1. All members must be invited to attend both regular and extraordinary general meetings at least two weeks before the appointment in writing, by fax or by e-mail (to the fax number or e-mail address provided by the member to the association). The general meeting must be called by stating the agenda. The convocation is made by the Executive Board (section 1 and section 2 lit. a - c), by the auditor (section 2 lit. d) or by a court appointed curator (section 2 lit. e)

  1. Applications for the Annual General Meeting must be submitted in writing to the Executive Board at least three days before the date of the General Meeting, by fax or by e-mail.

  1. Valid resolutions - except those concerning an application for convening an Extraordinary General Meeting - can only be taken on an agenda.

  1. At the General Assembly all members are eligible. Only regular and honorary members are entitled to vote. Each member has one vote. The transfer of voting rights to another member by written proxy is permitted.

  1. The General Assembly has a quorum regardless of the number of persons appearing.

  1. The elections and the resolutions in the General Assembly are usually made by a simple majority of the valid votes cast. Resolutions, with which the statute of the association is to be changed or the association is to be dissolved, require however a qualified majority of two thirds of the delivered valid voices.

  1. The presidency of the General Assembly is by the Chairman, in his absence his deputy . If this is also prevented, the oldest member of the board present presides.

§ 10: Tasks of the General Assembly

The general meeting is reserved for the following tasks:

  1. Resolution on the estimate;

  2. Receiving and approving the statement of accounts and the financial statements with the involvement of the auditors;

  3. Election and removal of the members of the Board and the auditors;

  4. Approval of legal transactions between auditors and association;

  5. Discharge of the Management Board;

  6. Determination of the amount of the application and membership fees for ordinary and extraordinary members;

  7. Awarding and withdrawing honorary membership;

  8. Determination on amendments to the Statues of Association and the voluntary dissolution of the association;

  9. Advice and decision on other questions on the agenda.

§ 11: Board

  1. The board consists of six members, namely the chairman and his/her deputy, the secretary and his/her deputy, as well as the treasurer and his/her deputy.12.

  1. The board is elected by the general assembly. In the event of the departure of an elected member, the Board of Management has the right to co-opt in its place another eligible member, which requires the subsequent approval in the next General Assembly. If the Executive Board fails to self-supplement by co-opting at all or for an unpredictably long time, then each auditor is obliged to convene without delay an Extraordinary General Meeting for the purpose of electing a new Board. Should the auditors also be incapacitated for action, every ordinary member who recognizes the emergency situation must immediately apply for the appointment of a curator to the competent court, who must immediately convene an extraordinary general meeting.

  1. The term of office of the Management Board is 2 years; Re-election is possible. Each function on the board is to be exercised personally.13 .

  1. The Board is called in writing or verbally by the chairman, if he/she is abscent by his / her deputy. If this is also prevented for an unpredictably long time, any other member of the board may call in the board.

  1. The board has a quorum when all its members have been invited and at least half of them are present.

  1. The Board of Directors passes its resolutions by a simple majority of votes; in case of a tie, the vote of the chairman is the decisive factor.

  1. The board is lead by the chairman, if he/she is unable to do so,by his / her deputy. If this is also prevented, the chairmanship is incumbent on the member of the board who is the oldest admitting member or by a member of the board whom is elected the remaining members of the Board to do so.

  1. Apart from the death and expiry of the term of office (section 3), the function of a member of the Executive Board expires by means of dismissal (section 9) and resignation (section 10).

  1. The General Assembly may at any time withdraw the entire Board or any of its members. The removal takes effect with the appointment of the new Board or Board member.

  1. The members of the Board can at any time declare their resignation in writing. The declaration of resignation is to be directed to the Board, in the event of the resignation of the entire Board to the General Meeting. The resignation becomes effective only with choice or co-opting (paragraph 2) of a successor.

§ 12: Tasks of the Board

The board is responsible for the management of the association. He is the "governing body" within the meaning of the Association Act 2002 (Vereinsgesetz 2002). It is assigned all tasks that are not assigned to another association organ by the statutes. His area of responsibility includes in particular the following matters:

  1. Establishment of an accounting system conforming to the requirements of the association with a regular record of income / expenditure and the maintenance of a list of assets as a minimum requirement;

  2. Preparation of the annual budget, the annual report and the clearance of accounts;

  3. Preparation and convening of the General Meeting in the cases of § 9 para. 1 and para. 2 lit. a - c of these statutes;

  4. Informing the club members about the activities of the association, the association and the audited accounts;

  5. Administration of the association's assets;

  6. Admission and exclusion of ordinary and extraordinary members of the association;

  7. Admission and termination of employees of the association.

§ 13: Special Obligations of Individual Members of the Management Board

  1. The chairman leads the current affairs of the association. The secretary supports the chairman in the management of the association's business.

  1. The chairman represents the association to the outside. Written copies of the association need to be validated by the signatures of the chairman and the secretary, in money matters (assets dispositions) of the chairman and the cashier. Legal transactions between members of the Executive Board and the Association require the approval of another member of the Executive Board..

  1. Legal proxy authorizations to represent the association to the outside or to sign for it can only be granted by the members of the management board mentioned in section 2.

  1. In the event of imminent danger, the chairman is entitled to make independent orders under his own responsibility, including matters falling within the scope of the General Assembly or the Executive Board; in the internal relationship, however, these require the subsequent approval of the competent association body.

  1. The chairman presides over the general assembly and the Board.

  1. The secretary keeps the minutes of the General Assembly and of the Board.

  1. The cashier is responsible for the proper financial management of the association.

  1. In the case of prevention, the chairman, the secretary or the treasurer will be taken place by his/her subsequent deputy.

§ 14: Auditors

  1. Two auditors are elected by the General Assembly for a term of two years. Re-election is possible. The auditors do not have to belong to any body except the General Assembly whose activity is the subject of the audit.14The auditors are responsible for the day-to-day business control as well as the audit of the financial management of the association with regard to the regularity of accounting and the use of funds in accordance with the articles of association. The Management Board must provide the auditors with the necessary documents and provide the required information. The auditors shall report to the Board on the result of the audit.

  1. The auditors are responsible for the day-to-day business control as well as the audit of the financial management of the association with regard to the regularity of accounting and the use of funds in accordance with the articles of association. The Management Board must provide the auditors with the necessary documents and provide the required information. The auditors shall report to the Board on the result of the audit.

  1. Legal transactions between auditors and the Association require the approval of the General Meeting. Otherwise, the provisions of § 11 (8) to (10) apply analogously to the auditors.. .

§ 15: Arbitration

  1. For arbitration of all disputes arising from the association relationship, the arbitration court is appointed. It is a "mediation facility" within the meaning of the Association Act 2002(Vereinsgesetzes 2002) and no arbitral tribunal according to §§ 577 ff ZPO.

  1. The arbitrary tribunal is composed of three ordinary members of the association. It is formed in such a way that a dispute makes the Board a member of the board as a referee in writing. At the request of the Board within seven days, the other party to the dispute shall appoint a member of the Arbitration Tribunal within 14 days. After agreement by the Board within seven days, the nominated arbitrators shall elect a third full member to the chair of the Arbitration Tribunal within a further 14 days. With equality of votes lots will determine. The members of the tribunal shall not belong to any body except the General Assembly whose activity is the subject of the dispute.

  1. The arbitrary tribunal makes its decision to grant mutual recognition in the presence of all its members by a simple majority vote. It decides to the best of my knowledge and belief. Its decisions are final.

§ 16: Voluntary dissolution of the association

  1. The voluntary dissolution of the association can only be decided in a general assembly and only by a two-thirds majority of the valid votes cast.

  1. This General Assembly also has - as far as association assets are available - to decide on the settlement. In particular, it has to appoint a liquidator and decide on who to transfer the assets remaining after covering the liabilities. This assets shall, as far as possible and permissible, fall to an organization pursuing the same or similar purposes as this association, otherwise for social welfare purposes.15 .16.

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